This is in response to your letter dated August 24, 2007, which transmitted the referenced second appeal on behalf of the City of Glendale (Applicant). The Applicant is appealing Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial to provide funding for replacing a damaged storm drain at the Brand Landfill.

The California Regional Water Quality Control Board cited problems with the storm drain going back to 1992. In addition, the report from the Applicants consultant, PSOMAS, advised in 2003 that the storm drain was beyond rehabilitation. The Applicant admits that it was aware of the condition of the storm drain prior to the declared event and concedes that the declared event was not the sole cause of the problem. Therefore, the Applicants second appeal is denied.

Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.